Petitioners Njonjo Mue and Khelef Khalifa’s lawyers were cornered on Tuesday at the Supreme Court after it emerged the two filed documents late.
The chairmen of the Kenyan chapter of the International Commission of Jurists and Muslims for Human Rights challenged President Uhuru Kenyatta’s victory in the re-run.
President Uhuru Kenyatta’s lawyers Fred Ngatia and Melissa Ng’ania asked the Supreme Court to strike out five internal memos which they said were obtained unlawfully from IEBC.
The president’s lawyer also accused the petitioners of filing documents with missing affidavits.
Lawyer Julie Soweto was at pains to explain the delay but noted she filed two complete sets as required so the court should ignore technicalities and admit all documents.
She told Chief Justice David Maraga they were in the process of filing the complete documents at around 11.45pm on November 6 but that the registry was closed so they were asked to return the next day.
“We brought two complete sets the others. We were in the process of filing.”
Maraga then sought an explanation from deputy registrar David ole Keiwua and asked whether the petitioners were not allowed to file their documents.
“Did you come with everything on 6th and was registrar to tired to receive them?” the CJ asked.